DLA: requiring attention

Disability living allowance care component (or possibly attendance allowance) may be available if one requires attention in connection with bodily functions, which can include speech. I have not heard of a person who stammers successfully claiming on this ground (unlike the DLA mobility component).

General
- 1. Someone required to speak for stammerer
- 2. 'Attention' required of the listener

So far as relevant to stammering, you need to be so severely disabled physically or mentally that you 'require' from another person 'attention in connection with your bodily functions'.

If you require frequent attention throughout the day you may get disability living allowance middle rate care component. (If you first claim over age 65, you may get attendance allowance instead).
If you require the attention for a significant portion of the day, whether during a single period or split into a number of periods, you may get disability living allowance lowest rate care component. Probably about an hour in total will count as a significant portion of the day, though sometimes less may be enough (see Ramsden case on www.bailii.org). You get no allowance on this test if you first claim over the age of 65.

Attention means active help from someone else to do personal things you cannot do for yourself. It is 'required' if it is reasonably required to enable the severely disabled person as far as reasonably possible to lead a normal life (see the Fairey case). This includes social, recreational and cultural activities.

It seems that speech counts as a bodily function. There are two possible ways in which 'attention' might be required in relation to a person who stammers:

1. Someone required to speak for stammerer

It has been suggested that a person with a severe stammer may need someone else to speak or telephone for them. If a person is deaf, the help of an interpreter to communicate does count. However, I have not as yet heard of this argument succeeding for a person who stammers, as regards the DLA care component. (See, however, DLA mobility component.)

People who stammer sometimes like, or indeed need, others to make telephone calls for them. It would have to be considered whether the argument is affected by the availability of special facilities enabling one to use the phone even if one cannot speak, particularly textphone facilities and Typetalk. (Note that from September 2000, attention given at the other end of a phone, including the attention given by a Typetalk operator, does not count as 'attention' for benefit purposes: SI 2000/2313).

2. 'Attention' required of the listener

It has been acknowledged (in the context of a deaf person) that extra effort or time in communicating with a person can sometimes count as attention. It may be worth exploring whether the perseverance required of a listener to communicate with a person who stammers severely, or the use of written notes in place of speech, could constitute 'attention' in this way. As discussed above, a conversation over the telephone would not count.

I have not researched this issue properly, but for example, R(DLA)/3/02 discusses this type of question in relation to a deaf claimant.

I would be interested to hear of anyone who has successfully claimed DLA for stammering (atyrer2000@yahoo.co.uk).

For claims by children under 16 an additional test must be met. Either their needs must be 'substantially in excess of the normal requirements of persons of [their] age', or they must have 'substantial' care, supervision or watching-over needs which persons of their age in normal physical and mental health would not have.

Main Social Security Benefits page, where there are also references for further information.
DLA: mobility component

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DLA: requiring attention

1. Someone required to speak for stammerer

2. 'Attention' required of the listener

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